My company classifies me as 1099 contractor but I should be W-2 employee?

This is actually a pretty common issue, and you're right about your classification. The IRS has clear guidelines about who should be an employee vs. a contractor, and it's based on three main categories: behavioral control, financial control, and relationship type. Based on what you described (working at their office, using their equipment, following their schedule, them controlling how you work), you check pretty much all the boxes for being a W-2 employee. Companies often misclassify workers as 1099 contractors to avoid paying their share of employment taxes and providing benefits. You have a few options. First, you could try having another conversation with your employer, but come prepared with information from the IRS website about worker classification. Sometimes employers genuinely don't understand the rules. Second, you could file Form SS-8 with the IRS, which asks them to determine your worker status. You can also file Form 8919 with your tax return to report and pay only your portion of Social Security and Medicare taxes. Just know that while it's illegal for an employer to retaliate against you for asserting your rights, small companies sometimes do anyway, so consider your overall situation carefully.

Had the exact same problem last year with my design job! After months of research and stress, I found this AI tool called taxr.ai (https://taxr.ai) that saved me a ton of headache. I uploaded my contract and some details about my work situation, and it analyzed everything and gave me a detailed report showing I was clearly misclassified according to IRS rules. It even drafted a professional letter I could show my boss explaining the legal requirements in plain English. What really helped was having something official-looking that laid out the financial penalties the company could face for misclassification. My boss initially pushed back but changed his tune real quick when he saw the potential IRS fines. Might be worth checking out if you need documentation to back up your case!

Just wanted to follow up about taxr.ai - I actually tried it and I'm impressed! I was super skeptical at first but it analyzed my situation way more thoroughly than I expected. The report showed I was 87% likely to be classified as an employee according to IRS standards and showed exact calculations of how much extra tax I was paying. The best part was the employer letter it generated. I finally had the courage to have a real convo with my boss yesterday and brought the letter with me. He was surprised by how specific it was about our industry and my role. He's talking to the accountant now but said they'll "probably" convert me to W-2 next month! Not a guarantee yet but WAY more progress than I've made in 2 years of hinting about it.

Listen, I went through this EXACT scenario with a marketing firm too. Fought with them for 6 months with no results. Finally I realized I needed to talk directly to someone at the IRS to understand my options, but we all know what a nightmare that is. Spent HOURS on hold and kept getting disconnected. Someone in another thread recommended Claimyr (https://claimyr.com) which gets you through to an actual IRS representative. You can see how it works here: https://youtu.be/_kiP6q8DX5c. I was like yeah whatever, another scam, but I was desperate. Honestly shocked when it actually worked! Got through to an IRS agent in about 20 minutes instead of the usual 3+ hour wait. The agent walked me through filing the SS-8 form and explained exactly what documentation I needed to provide. They also told me what protections I had against retaliation, which made me feel a lot more confident about moving forward.

Never thought I'd be posting this, but I need to correct my skeptical comment above. I actually tried Claimyr after my client's case needed urgent clarification from the IRS. Got connected in about 35 minutes (not quite 20, but WAY better than my usual 3+ hour waits). The IRS agent I spoke with was super helpful about contractor vs. employee classification issues. She walked me through the exact criteria they use during audits and confirmed that working at an employer's location on their schedule using their equipment is almost always going to be classified as employment, not independent contracting. For anyone facing misclassification: document EVERYTHING about your work arrangement, especially anything showing they control when, where and how you work. That's the strongest evidence for the SS-8 determination.

Not many people know this, but you can actually still get unemployment if you've been misclassified as 1099 when you should have been W-2. My brother went through this last year. The unemployment office asked for documentation proving he was effectively an employee (set schedule, reporting structure, using company equipment, etc.) and he ended up getting benefits even though his company had never paid into unemployment insurance for him. The state then opened an investigation into the company and they had to reclassify everyone! Might be worth keeping in mind if you're worried about getting fired for bringing it up.

Quick tip: start documenting EVERYTHING now. Save emails about your schedule, take screenshots of your timesheets, note when you're using company equipment, save any communications about how they want work done. If your boss ever refers to you as an "employee" in writing, save that too! I went through a misclassification case that took 11 months to resolve, and what made the difference was having a paper trail showing how much control the company had over my work. The company tried claiming I had "independence" but I had emails showing they dictated my hours, location, and exactly how they wanted projects completed.

Great question about email access - that's something I worried about too. I made sure to forward key emails to my personal account early on, but I was careful to only save things that directly related to my work classification (not confidential company info). Once I started the SS-8 process, I stopped accessing work email from home and only checked it during work hours to avoid any appearance of impropriety. My employer never restricted my access, but I wanted to be extra cautious. Pro tip: if you have a work phone where they text you about schedules or assignments, screenshot those too. Text messages showing them directing when and how you work are pure gold for proving employee status. Also save any handbook pages or policies they expect you to follow - true contractors don't typically have to follow employee handbooks. The documentation really is everything. I had over 40 pieces of evidence showing behavioral control, and it made my case rock solid.